Amendment of List of Exempt Native Specimens - Western Australia Trochus Fishery (10/04/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and ecological systems. One of the mechanisms under this Act is the establishment of a list of exempt native specimens, which allows certain native specimens to be exempt from the trade control provisions applicable to regulated native specimens. The Parliament of Australia authorised amendments to this list, as seen in the legislative instrument F2008L01135, which aims to add specific specimens derived from fish or invertebrates taken in the Western Australia Trochus Fishery under certain conditions. This addition is subject to notations ensuring the specimens were taken lawfully and remain exempt until a specified date, facilitating continued export while adhering to the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries. The legislative process involved consultation with relevant stakeholders, including the Department of Fisheries Western Australia, to ensure the ecological sustainability of the fishery management arrangements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and management of the environment in Australia, and this legislation amends the list of exempt native specimens under Section 303DC of the Act. This amendment specifically adds specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act, which are taken in the Western Australia Trochus Fishery through an exemption under Section 7 of the Western Australia Fish Resources Management Act 1994. These specimens are included on the list of exempt native specimens, subject to the conditions that they were taken lawfully and that they remain listed until 22 September 2008. The amendment aims to facilitate continued export of these specimens for a limited period of approximately six months, reflecting the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The decision to include these specimens was made following consultation with relevant parties, including the Department of Fisheries Western Australia, as required by the EPBC Act. This legislative instrument, registered under the Legislative Instruments Act 2003, commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment and biodiversity in Australia. Under Section 303DB, the Act allows for the establishment of a list of exempt native specimens which are exempt from the trade control provisions applicable to regulated native specimens. The legislation in question, F2008L01135, amends this list by adding certain specimens to it, as described in Section 303DC. Specifically, the instrument adds specimens that are or are derived from fish or invertebrates, taken in the Western Australia Trochus Fishery under an exemption granted under Section 7 of the Western Australia Fish Resources Management Act 1994, provided that these specimens are not from species listed under Part 13 of the EPBC Act. The inclusion of these specimens in the list of exempt native specimens is contingent on two conditions: the specimen or the fish or invertebrate from which it is derived must have been taken lawfully, and the specimen must be included on the list until 22 September 2008. This amendment is intended to allow for the continued export of these specimens for a short term period of approximately six months. The decision to include these specimens was guided by the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, which provides criteria for assessing the ecological sustainability of fisheries management arrangements. Additionally, consultation with relevant parties, including the Department of Fisheries Western Australia, was undertaken as required by subsection 303DC(3)(c) of the EPBC Act. The Act imposes several obligations on the parties and entities it governs. Firstly, those who take specimens of fish or invertebrates in the Western Australia Trochus Fishery must ensure that they do so lawfully, in compliance with the Western Australia Fish Resources Management Act 1994. Secondly, entities involved in the export of these specimens must adhere to the conditions specified in the legislative instrument, including the time limit of 22 September 2008. Failure to comply with these conditions could result in the specimens no longer being exempt from the trade control provisions under the EPBC Act. Breaches of the provisions outlined in the legislative instrument may lead to various consequences. While the specific offences and penalties are not detailed within the explanatory statement, it is likely that violations could result in both civil and criminal penalties, depending on the severity and intent of the breach. Under the EPBC Act, contraventions of certain provisions can attract fines and imprisonment, with the exact penalties varying based on the specific breach and jurisdiction. Additionally, entities may face administrative penalties, including the possibility of their activities being subject to greater regulatory scrutiny.